The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1887-05-05
The discussion Of the criminal law 0

The discussion of the criminal law Of
the State, caused by the Yorkville lynch
ing, will doubtless bear good fruit, both
! In legislation and in the execution of the
laws Of the State. Neither the Legisla-
ture nor the Courts have come up to the
full measure of their duty in the matter
Of preserving the peace of the State.
This dereliction is not confined to South
Carolina, nor to the South. It is an
evident fact that the criminal class
throughout the United States is not
without power, in an indirect way, with
lawmakers and Judges. The welfare of
the; country demands that legislation
should be had to protect society, ard not
to shield criminals, and that judges
should be placed upon the bench who
will punish crime without reference to
persons.
The Law which gives to defendants in
felonies twenty peremptory challenges,
ought to be changed. There is scarcely
9 possibility Of fconyicting al, influential
man in any case where he can challenge
twenty ont of thirty six jurors absolutely,
and as many more as he can assign 8
good cause for. The number of ehal.
lenges should be reduced to ten, and the
State should have as many as the defen.
dant, 80 as to assure, as far as possible,
that fair and impartial trial may be
had. The State also should have the
right to change the venue in all cases
where an impartial trial cannot be had
in the County, and one or two mistrials
should operate q change of venue.
The Judges should punish criminals
in such way as TO, make them feel the
danger Of committing crime. As admin.
istered to-day, the laws do not deter the
rich from crime "a. the extent which is
healthy. Il Is easy: enough to convict
some poor hungry thief Of stealing lit.
tle food or clothing, but. it is almost i'm.
possible to convict an influential man of
murder, riot or similar crimes. S,a
When criminals are. convicted, the
different fates which await them arc too
patent 10 need discussion. The poor
wretch who is convicted goes to prison
because he has no money, while the more
fortunate, and at the same time perhaps
the more vicious criminal, who has a
little money, pays fine which he feels
bnt lightly, and goes out to depredate
upon the peace of the community again
as soon as be is willing to pay another
fine for the privilege of doing so. 90
Another evil is found where body Of
men do not like the delays of The law, SO
they take the matter in their own hands
and lynch a prisoner. No genuine effort
ts made 70 punish the crime. The lynch.
ers meet and compose the coroner's jury,
or put their friends on it, and the case is
hushed mp. The officers of the law dc
nothing: Lynch law is a disgrace to oul
civilization. Those who engage in it are
murderers before men and in the sight Of
heaven. Ip many instances the sheriffa
are as guilty as the lynchers. If man
does not intend to discharge a duty he
should not assume it. We do not believe
that any case of lynching would occur il
the parties knew they would meet honest,
manly resistance from the sheriff. The
laws ought to be so amended that lynch.
ers and sherifs who permit it shall be
tried in different county from that in
which the prisoners are taken. Our laws
ought to be enforced, and men who yio-
late them, whether they be high or low,
rich or poor, great or little, should know
that justice will overtake their evil
deeds.